In a perfect world, medical care would always be error-free and patients would never have to worry about the consequences of medical negligence. However, we don’t live in a perfect world, and unfortunately, medical malpractice does occur. When faced with the daunting prospect of pursuing a medical malpractice claim, knowing the do’s and don’ts can make all the difference in achieving a successful outcome. Below, our friends at Hayhurst Law PLLC discuss these dos and don’ts in detail.
Do: Seek Legal Advice Early! One of the most crucial steps in pursuing a medical malpractice claim is seeking legal advice as soon as possible. Time is of the essence in these cases, as there are statutes of limitations that restrict the time within which a claim must be filed. Consulting with a qualified medical malpractice attorney early on ensures that you understand your rights and can take the necessary steps to protect them, like gathering documentation and seeking treatment.
Don’t: Delay Taking Action! Procrastination can be detrimental when it comes to medical malpractice claims because evidence may become harder to gather over time, and witnesses’ memories may fade. Additionally, delaying action can jeopardize your chances of receiving fair compensation for your injuries. It’s important to act swiftly to preserve your legal rights and to pursue your claim.
Do: Keep Detailed Records! Documenting everything related to your medical treatment is essential when pursuing a medical malpractice claim. Keep copies of all of your medical records, test results, prescriptions, and any other relevant documents. Take notes of conversations with healthcare providers, including dates, times, and names. Detailed records can serve as valuable evidence to support your claim and demonstrate your commitment to the case.
Don’t: Communicate Directly with the Healthcare Provider! While it may be tempting to confront the healthcare provider directly about the harm you’ve suffered, it’s generally not advisable to do so because anything you say could potentially be used against you in court. Instead, let your attorney handle all communication with the healthcare provider and their insurance company on your behalf. After all, that is what attorneys are for.
Do: Obtain Expert Medical Opinions! Medical malpractice cases often hinge on complex medical issues that require expert testimony to establish negligence. Your attorney will work with medical experts to review your case and provide opinions on whether the standard of care was breached, and if so, how it led to your injuries. These expert opinions can be instrumental in building a strong case.
Don’t: Assume Every Bad Outcome Constitutes Malpractice! Not every negative outcome in medical treatment is the result of malpractice. Medicine is not an exact science, and even the most skilled healthcare providers can’t guarantee perfect outcomes, even though they work diligently to accomplish that. To prove malpractice, you must demonstrate that the provider’s actions deviated from the accepted standard of care and directly caused your injuries.
Do: Be Prepared for a Lengthy Process! Medical malpractice claims can be complex and time-consuming since the legal process often involves extensive investigation, negotiation, and possibly even a trial. It’s essential to be patient and realistic about the timeline for resolving your claim. Your attorney will guide you through each stage of the process and work diligently to achieve a favorable outcome.
Don’t: Settle for Less Than You Deserve! Insurance companies may try to pressure you into accepting a low settlement offer to minimize their financial liability. But it’s important to consult with your medical malpractice lawyer before accepting this offer because you don’t want to settle for less than you deserve. Your attorney will advocate on your behalf to ensure that any settlement adequately compensates you for your medical expenses, lost wages, pain and suffering, and any other damages related to the malpractice.
Pursuing a medical malpractice claim requires careful navigation of the legal system and adherence to certain guidelines. By following the do’s and don’ts outlined above, you can maximize your chances of success and secure the compensation you deserve for your injuries. If you believe you’ve been the victim of medical malpractice, don’t hesitate to seek legal advice and take action to protect your rights.